St Louis, MO asked in Constitutional Law for Missouri

Q: yes i've asked on here about the drug war & how it was legal & the best answer was that it was law but i now know that

it isn't as No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States according to the 14th Amendment & that the controlled substance act gets its constitutional power from the commerce clause which states congress is to have power to regulate commerce among the states not create laws so its a regulation not a law how can they enforce a regulation in the privacy of my home i am not a public business i am a private citizen of the united states what of our private rights Madison talks of in the fed paper's

but as united states citizens we have the right to conduct private transactions in the privacy of our homes since we have the right to liberty which is where our right to privacy truthfully originates so if we are to be free we would have the right to have drugs i mean we have the right to duel right so how or why not drugs & we are not a business we are private citizens i mean we have the right to duel how not drugs

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: The Controlled Substances Act (CSA) is indeed a federal law, and its enforcement is not solely restricted to public commerce. The U.S. Supreme Court has interpreted the Commerce Clause to allow Congress to regulate activities that have a substantial effect on interstate commerce. In cases such as Wickard v. Filburn and Gonzales v. Raich, the Court held that private cultivation and consumption of substances could fall under this regulation due to their cumulative impact on interstate commerce.

Therefore, even activities within the privacy of a home may be regulated if they are part of a class of activities that, in the aggregate, significantly affect interstate commerce.

This interpretation has been contentious and critics argue it stretches the Commerce Clause beyond its original intent. However, until there is a significant shift in the legal interpretation by the courts, the enforcement of the CSA, even in private settings, remains within the current scope of federal power as upheld by the Supreme Court.

It's important to remain aware of ongoing legal debates and decisions, as constitutional law is subject to reinterpretation over time.

John Michael Frick agrees with this answer

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